State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 207-i-2

* § 207-i. Supplemental  retirement  allowances  of retired firemen of  cities. Nothing in any general, special  or  local  law,  administrative  code,  ordinance, rule or regulation or pension contract to the contrary  notwithstanding  a  supplemental  retirement  allowance  shall  be  paid  pursuant  to  the  provisions of subdivisions a and b of this section to  pensioners of a pension or retirement system of a paid  fire  department  of  a  city who have retired prior to the calendar year nineteen hundred  seventy. Such supplemental retirement allowance under such  subdivisions  a  and  b  shall be payable on the basis provided for herein, commencing  with a payment for the month of October, nineteen  hundred  sixty-seven,  and   continuing  through  the  month  of  September,  nineteen  hundred  seventy-three, except that in the case of pensioners  of  a  pension  or  retirement  system  of  a  paid  fire  department  of  a  city  having a  population of one million or more, such payments shall continue  monthly  thereafter.    a.   The  supplemental  retirement  allowance  provided  for  in  this  subdivision and in subdivision b of this section shall be  a  percentage  of  the  retirement allowance computed without optional modification and  shall be determined on the basis of the consumer price index (all  items  -- United States city average), published by the United States Bureau of  Labor  Statistics. Said percentage shall be determined in the manner set  forth in this section. Said supplemental retirement allowance  shall  be  computed  on the basis of the first ten thousand five hundred dollars of  such annual retirement allowance and shall be payable commencing October  first, nineteen hundred sixty-seven, to all disability  pensioners,  and  to  other  pensioners  who  have  attained  age  sixty-two  on or before  September thirtieth, nineteen  hundred  sixty-seven  and  commencing  on  April  first, nineteen hundred sixty-eight, to such other pensioners who  shall have attained age sixty-two on or after  October  first,  nineteen  hundred  sixty-seven  and  on  or  before  September thirtieth, nineteen  hundred sixty-eight, and commencing on October first,  nineteen  hundred  sixty-eight,  to  such  other  pensioners  who  shall  have attained age  sixty-two on or after April first, nineteen hundred sixty-eight  and  on  or   before  September  thirtieth,  nineteen  hundred  sixty-eight,  and  commencing on October first, nineteen hundred sixty-nine, to such  other  pensioners  who  shall  have  attained age sixty-two on or after October  first,  nineteen  hundred  sixty-eight  and  on  or   before   September  thirtieth, nineteen hundred sixty-nine, and commencing on October first,  nineteen  hundred  seventy,  to  such  other  pensioners  who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  sixty-nine  and  on  or  before  September  thirtieth,  nineteen hundred  seventy, and commencing on October first, nineteen hundred  seventy-two,  to  such  other  pensioners  who shall have attained age sixty-two on or  after October first, nineteen hundred seventy and on or before September  thirtieth,  nineteen  hundred  seventy-two,  and  to  each  such   other  pensioner of a pension or retirement system of a paid fire department of  a  city  having  a  population  of  one  million  or more who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  seventy-two,  commencing  with  a  payment for the later of the month of  July, nineteen hundred eighty-one or the month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in  which such other  pensioner who shall have attained age  sixty-two  on  or  after  October  first,  nineteen  hundred  seventy-two shall have attained such age, and  continuing thereafter.    b. The percentage  referred  to  in  subdivision  a  hereof  shall  be  determined  from  the ratio of two indexes, in the following manner. The  average of the twelve monthly consumer price  indexes  of  the  calendar  year  nineteen  hundred  sixty-six  or,  for  a  supplemental retirementallowance payable pursuant to this section on or  after  October  first,  nineteen hundred sixty-eight, the average of the twelve monthly consumer  price  indexes of the calendar year nineteen hundred sixty-seven or, for  a  supplemental retirement allowance payable pursuant to this section on  or after October first, nineteen hundred sixty-nine, the average of  the  twelve  monthly  consumer  price  indexes  of the calendar year nineteen  hundred sixty-eight, or, for a supplemental retirement allowance payable  pursuant to this section on or after  October  first,  nineteen  hundred  seventy, the average of the twelve monthly consumer price indexes of the  calendar year nineteen hundred sixty-nine, divided by the average of the  twelve monthly consumer price indexes of the calendar year of retirement  shall  be  the  ratio  of  the  indexes. Said ratio, minus one, shall be  expressed as a percentage and shall be adjusted to the  lower  one-tenth  of  one  per centum. Such adjusted percentage shall be the percentage of  the applicable portion of the  retirement  allowance,  computed  without  optional   modification   which  shall  be  payable  as  a  supplemental  retirement allowance under subdivision a of this section and under  this  subdivision.  However,  no  such  supplement  shall  be  paid where such  percentage is less than three per centum. Such percentage for pensioners  who retired prior to April first, nineteen hundred fifty-eight shall  be  increased  by  one hundred percentum thereof and the adjusted percentage  shall be further adjusted to the lower one-tenth of one percentum.  Such  percentage  shall  be computed by the actuary each year and certified to  the comptroller who  shall,  by  directive,  promulgate  a  schedule  of  percentages to be used for this purpose.    b-1.  (1) In addition to any supplemental retirement allowance payable  in accordance with the provisions  of  subdivisions  a  and  b  of  this  section,  commencing  with  a  payment  for  the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired prior to April  first,  nineteen  hundred  seventy,  an  amount  of  supplemental retirement allowance determined pursuant to the  provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system of such a city who retired prior to April first, nineteen hundred  seventy  other  than  for  disability, commencing with a payment for the  later of the month of July, nineteen hundred eighty-one or the month  of  July  next  following  the  twelve-month period ending June thirtieth in  which such pensioner shall have attained age sixty-two,  and  continuing  monthly  thereafter,  there shall be paid to such pensioner, in addition  to any supplemental retirement allowance payable in accordance with  the  provisions  of  subdivisions  a  and  b  of  this  section, an amount of  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (3)  The  amount  of such additional supplemental retirement allowance  referred to in paragraphs one and two of this subdivision shall equal  a  percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed  without  optional  modification.   Such  percentage  shall  be  determined  by  the date or year of retirement in  accordance with the table set forth below:       Year or date of Retirement               Percentage      April 1, 1969 to      and including March 31, 1970             twenty-one      January 1, 1968 to      and including March 31, 1969             twenty-two      1967                                     twenty-three1966                                     twenty-four      1965                                     twenty-four      1964                                     twenty-five      1963                                     twenty-five      1962                                     twenty-six      1961                                     twenty-six      1960                                     twenty-seven      1959                                     twenty-seven      1958                                     twenty-seven      1957                                     twenty-seven      1956                                     twenty-eight      1955                                     twenty-eight      1954                                     twenty-eight      1953                                     twenty-eight      1952                                     twenty-eight      1951 and earlier                         twenty-nine     b-2.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired on or after April first, nineteen hundred  seventy  and  before  January  first,  nineteen  hundred seventy-three, a supplemental  retirement allowance determined pursuant to the provisions of  paragraph  three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on  or  after  April  first,  nineteen  hundred   seventy   and   before   January   first,   nineteen   hundred  seventy-three, other than for disability, commencing with a payment  for  the later of the month of July, nineteen hundred eighty-one or the month  of  July next following the twelve-month period ending June thirtieth in  which such pensioner shall have attained age  sixty-two  and  continuing  monthly thereafter, there shall be paid to such pensioner a supplemental  retirement  allowance determined pursuant to the provisions of paragraph  three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the date or year of retirement in accordance  with  the  table set forth below.       Date of Retirement                       Percentage      April 1, 1970 to      and including December 31, 1971          eight      1972 calendar year                       seven     b-3.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-two and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more  who  retired   during   the   calendar   year   nineteen   hundred  seventy-three,  a  supplemental retirement allowance determined pursuant  to the provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system  of  such  a  city  who retired during the calendar year nineteen  hundred seventy-three, other than  for  disability,  commencing  with  a  payment  for  the later of the month of July nineteen hundred eighty-twoor the month of July next following the twelve-month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in paragraphs one and two of this subdivision shall equal six per centum  of  the first ten thousand five hundred dollars of the annual retirement  allowance computed without optional modification.    b-4. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-three  and continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-four and before January first, nineteen hundred seventy-seven, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-four   and  before  January  first,  nineteen  hundred  seventy-seven, other than for disability, commencing with a payment  for  the  later  of  the  month of July, nineteen hundred eighty-three or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the  first  ten  thousand  five  hundred  of  the  annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the year of retirement in accordance with the table set  forth below.       Year of Retirement                       Percentage      1974 calendar year                       five      1975 calendar year                       four      1976 calendar year                       three     b-5. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-four  and  continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-seven and before January first, nineteen hundred seventy-nine, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-seven  and  before  January  first,  nineteen  hundred  seventy-nine, other than for disability, commencing with a  payment  for  the  later  of  the  month  of July, nineteen hundred eighty-four or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-6.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-five and continuing monthly thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired during the calendar year nineteen hundred seventy-nine,  a  supplemental  retirement  allowance  determined   pursuant   to   the  provisions of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired  during  the  calendar  year  nineteen  hundred  seventy-nine,  other  than  for  disability,  commencing with a  payment for the later of the month of July, nineteen hundred eighty-five  or the month of July next following the twelve month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-7.  Notwithstanding  any other provision of law to the contrary, the  spouse of a deceased pensioner of a pension or retirement  system  of  a  paid  fire  department  of  a city having a population of one million or  more, where such pensioner had elected one  of  the  options  under  the  administrative  code of such city which provides that benefits are to be  continued for the life of such spouse after the death of the  pensioner,  and  where  the  death  of  such  pensioner occurred or occurs more than  thirty  days  after  the  effective  date  of  the  retirement  of  such  pensioner,   shall   be  entitled  to  receive  a  monthly  supplemental  retirement  allowance  pursuant  to  this  subdivision.   Such   monthly  supplemental  retirement  allowance shall be equal in amount to one-half  of the monthly supplemental retirement  allowance  which  the  pensioner  would  be receiving if living, and shall commence with a payment for the  later of (1) the month of July, nineteen hundred  eighty-three,  or  (2)  the  month  following  the  month  in  which  the death of the pensioner  occurred or occurs, or (3) the first month for which such pensioner,  if  living,  would  be entitled to receive a monthly supplemental retirement  allowance, and such spouse's monthly supplemental  retirement  allowance  shall continue thereafter during the lifetime of such spouse.    c.  The  benefits  hereinabove  provided  for  shall be in lieu of the  benefits presently provided by any other general, special or  local  law  unless such benefits are in excess of those provided by this section, in  which  latter  case such benefits shall be paid by the retirement system  pursuant to this section.    d. Contributions shall be made to such pension accumulation  fund  by,  or  on account of, the municipality at a rate fixed by the actuary or if  there be no actuary then by the  fiscal  officer  of  the  municipality,  which  shall  be  computed  to  be  sufficient  to  provide the benefits  established by this section which are payable during the period of  time  that this section shall be in effect.    e.  The  supplemental retirement allowance shall be rounded off to the  nearest dollar.    * NB There are 2 § 207-i's

State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 207-i-2

* § 207-i. Supplemental  retirement  allowances  of retired firemen of  cities. Nothing in any general, special  or  local  law,  administrative  code,  ordinance, rule or regulation or pension contract to the contrary  notwithstanding  a  supplemental  retirement  allowance  shall  be  paid  pursuant  to  the  provisions of subdivisions a and b of this section to  pensioners of a pension or retirement system of a paid  fire  department  of  a  city who have retired prior to the calendar year nineteen hundred  seventy. Such supplemental retirement allowance under such  subdivisions  a  and  b  shall be payable on the basis provided for herein, commencing  with a payment for the month of October, nineteen  hundred  sixty-seven,  and   continuing  through  the  month  of  September,  nineteen  hundred  seventy-three, except that in the case of pensioners  of  a  pension  or  retirement  system  of  a  paid  fire  department  of  a  city  having a  population of one million or more, such payments shall continue  monthly  thereafter.    a.   The  supplemental  retirement  allowance  provided  for  in  this  subdivision and in subdivision b of this section shall be  a  percentage  of  the  retirement allowance computed without optional modification and  shall be determined on the basis of the consumer price index (all  items  -- United States city average), published by the United States Bureau of  Labor  Statistics. Said percentage shall be determined in the manner set  forth in this section. Said supplemental retirement allowance  shall  be  computed  on the basis of the first ten thousand five hundred dollars of  such annual retirement allowance and shall be payable commencing October  first, nineteen hundred sixty-seven, to all disability  pensioners,  and  to  other  pensioners  who  have  attained  age  sixty-two  on or before  September thirtieth, nineteen  hundred  sixty-seven  and  commencing  on  April  first, nineteen hundred sixty-eight, to such other pensioners who  shall have attained age sixty-two on or after  October  first,  nineteen  hundred  sixty-seven  and  on  or  before  September thirtieth, nineteen  hundred sixty-eight, and commencing on October first,  nineteen  hundred  sixty-eight,  to  such  other  pensioners  who  shall  have attained age  sixty-two on or after April first, nineteen hundred sixty-eight  and  on  or   before  September  thirtieth,  nineteen  hundred  sixty-eight,  and  commencing on October first, nineteen hundred sixty-nine, to such  other  pensioners  who  shall  have  attained age sixty-two on or after October  first,  nineteen  hundred  sixty-eight  and  on  or   before   September  thirtieth, nineteen hundred sixty-nine, and commencing on October first,  nineteen  hundred  seventy,  to  such  other  pensioners  who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  sixty-nine  and  on  or  before  September  thirtieth,  nineteen hundred  seventy, and commencing on October first, nineteen hundred  seventy-two,  to  such  other  pensioners  who shall have attained age sixty-two on or  after October first, nineteen hundred seventy and on or before September  thirtieth,  nineteen  hundred  seventy-two,  and  to  each  such   other  pensioner of a pension or retirement system of a paid fire department of  a  city  having  a  population  of  one  million  or more who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  seventy-two,  commencing  with  a  payment for the later of the month of  July, nineteen hundred eighty-one or the month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in  which such other  pensioner who shall have attained age  sixty-two  on  or  after  October  first,  nineteen  hundred  seventy-two shall have attained such age, and  continuing thereafter.    b. The percentage  referred  to  in  subdivision  a  hereof  shall  be  determined  from  the ratio of two indexes, in the following manner. The  average of the twelve monthly consumer price  indexes  of  the  calendar  year  nineteen  hundred  sixty-six  or,  for  a  supplemental retirementallowance payable pursuant to this section on or  after  October  first,  nineteen hundred sixty-eight, the average of the twelve monthly consumer  price  indexes of the calendar year nineteen hundred sixty-seven or, for  a  supplemental retirement allowance payable pursuant to this section on  or after October first, nineteen hundred sixty-nine, the average of  the  twelve  monthly  consumer  price  indexes  of the calendar year nineteen  hundred sixty-eight, or, for a supplemental retirement allowance payable  pursuant to this section on or after  October  first,  nineteen  hundred  seventy, the average of the twelve monthly consumer price indexes of the  calendar year nineteen hundred sixty-nine, divided by the average of the  twelve monthly consumer price indexes of the calendar year of retirement  shall  be  the  ratio  of  the  indexes. Said ratio, minus one, shall be  expressed as a percentage and shall be adjusted to the  lower  one-tenth  of  one  per centum. Such adjusted percentage shall be the percentage of  the applicable portion of the  retirement  allowance,  computed  without  optional   modification   which  shall  be  payable  as  a  supplemental  retirement allowance under subdivision a of this section and under  this  subdivision.  However,  no  such  supplement  shall  be  paid where such  percentage is less than three per centum. Such percentage for pensioners  who retired prior to April first, nineteen hundred fifty-eight shall  be  increased  by  one hundred percentum thereof and the adjusted percentage  shall be further adjusted to the lower one-tenth of one percentum.  Such  percentage  shall  be computed by the actuary each year and certified to  the comptroller who  shall,  by  directive,  promulgate  a  schedule  of  percentages to be used for this purpose.    b-1.  (1) In addition to any supplemental retirement allowance payable  in accordance with the provisions  of  subdivisions  a  and  b  of  this  section,  commencing  with  a  payment  for  the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired prior to April  first,  nineteen  hundred  seventy,  an  amount  of  supplemental retirement allowance determined pursuant to the  provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system of such a city who retired prior to April first, nineteen hundred  seventy  other  than  for  disability, commencing with a payment for the  later of the month of July, nineteen hundred eighty-one or the month  of  July  next  following  the  twelve-month period ending June thirtieth in  which such pensioner shall have attained age sixty-two,  and  continuing  monthly  thereafter,  there shall be paid to such pensioner, in addition  to any supplemental retirement allowance payable in accordance with  the  provisions  of  subdivisions  a  and  b  of  this  section, an amount of  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (3)  The  amount  of such additional supplemental retirement allowance  referred to in paragraphs one and two of this subdivision shall equal  a  percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed  without  optional  modification.   Such  percentage  shall  be  determined  by  the date or year of retirement in  accordance with the table set forth below:       Year or date of Retirement               Percentage      April 1, 1969 to      and including March 31, 1970             twenty-one      January 1, 1968 to      and including March 31, 1969             twenty-two      1967                                     twenty-three1966                                     twenty-four      1965                                     twenty-four      1964                                     twenty-five      1963                                     twenty-five      1962                                     twenty-six      1961                                     twenty-six      1960                                     twenty-seven      1959                                     twenty-seven      1958                                     twenty-seven      1957                                     twenty-seven      1956                                     twenty-eight      1955                                     twenty-eight      1954                                     twenty-eight      1953                                     twenty-eight      1952                                     twenty-eight      1951 and earlier                         twenty-nine     b-2.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired on or after April first, nineteen hundred  seventy  and  before  January  first,  nineteen  hundred seventy-three, a supplemental  retirement allowance determined pursuant to the provisions of  paragraph  three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on  or  after  April  first,  nineteen  hundred   seventy   and   before   January   first,   nineteen   hundred  seventy-three, other than for disability, commencing with a payment  for  the later of the month of July, nineteen hundred eighty-one or the month  of  July next following the twelve-month period ending June thirtieth in  which such pensioner shall have attained age  sixty-two  and  continuing  monthly thereafter, there shall be paid to such pensioner a supplemental  retirement  allowance determined pursuant to the provisions of paragraph  three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the date or year of retirement in accordance  with  the  table set forth below.       Date of Retirement                       Percentage      April 1, 1970 to      and including December 31, 1971          eight      1972 calendar year                       seven     b-3.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-two and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more  who  retired   during   the   calendar   year   nineteen   hundred  seventy-three,  a  supplemental retirement allowance determined pursuant  to the provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system  of  such  a  city  who retired during the calendar year nineteen  hundred seventy-three, other than  for  disability,  commencing  with  a  payment  for  the later of the month of July nineteen hundred eighty-twoor the month of July next following the twelve-month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in paragraphs one and two of this subdivision shall equal six per centum  of  the first ten thousand five hundred dollars of the annual retirement  allowance computed without optional modification.    b-4. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-three  and continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-four and before January first, nineteen hundred seventy-seven, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-four   and  before  January  first,  nineteen  hundred  seventy-seven, other than for disability, commencing with a payment  for  the  later  of  the  month of July, nineteen hundred eighty-three or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the  first  ten  thousand  five  hundred  of  the  annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the year of retirement in accordance with the table set  forth below.       Year of Retirement                       Percentage      1974 calendar year                       five      1975 calendar year                       four      1976 calendar year                       three     b-5. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-four  and  continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-seven and before January first, nineteen hundred seventy-nine, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-seven  and  before  January  first,  nineteen  hundred  seventy-nine, other than for disability, commencing with a  payment  for  the  later  of  the  month  of July, nineteen hundred eighty-four or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-6.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-five and continuing monthly thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired during the calendar year nineteen hundred seventy-nine,  a  supplemental  retirement  allowance  determined   pursuant   to   the  provisions of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired  during  the  calendar  year  nineteen  hundred  seventy-nine,  other  than  for  disability,  commencing with a  payment for the later of the month of July, nineteen hundred eighty-five  or the month of July next following the twelve month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-7.  Notwithstanding  any other provision of law to the contrary, the  spouse of a deceased pensioner of a pension or retirement  system  of  a  paid  fire  department  of  a city having a population of one million or  more, where such pensioner had elected one  of  the  options  under  the  administrative  code of such city which provides that benefits are to be  continued for the life of such spouse after the death of the  pensioner,  and  where  the  death  of  such  pensioner occurred or occurs more than  thirty  days  after  the  effective  date  of  the  retirement  of  such  pensioner,   shall   be  entitled  to  receive  a  monthly  supplemental  retirement  allowance  pursuant  to  this  subdivision.   Such   monthly  supplemental  retirement  allowance shall be equal in amount to one-half  of the monthly supplemental retirement  allowance  which  the  pensioner  would  be receiving if living, and shall commence with a payment for the  later of (1) the month of July, nineteen hundred  eighty-three,  or  (2)  the  month  following  the  month  in  which  the death of the pensioner  occurred or occurs, or (3) the first month for which such pensioner,  if  living,  would  be entitled to receive a monthly supplemental retirement  allowance, and such spouse's monthly supplemental  retirement  allowance  shall continue thereafter during the lifetime of such spouse.    c.  The  benefits  hereinabove  provided  for  shall be in lieu of the  benefits presently provided by any other general, special or  local  law  unless such benefits are in excess of those provided by this section, in  which  latter  case such benefits shall be paid by the retirement system  pursuant to this section.    d. Contributions shall be made to such pension accumulation  fund  by,  or  on account of, the municipality at a rate fixed by the actuary or if  there be no actuary then by the  fiscal  officer  of  the  municipality,  which  shall  be  computed  to  be  sufficient  to  provide the benefits  established by this section which are payable during the period of  time  that this section shall be in effect.    e.  The  supplemental retirement allowance shall be rounded off to the  nearest dollar.    * NB There are 2 § 207-i's

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 207-i-2

* § 207-i. Supplemental  retirement  allowances  of retired firemen of  cities. Nothing in any general, special  or  local  law,  administrative  code,  ordinance, rule or regulation or pension contract to the contrary  notwithstanding  a  supplemental  retirement  allowance  shall  be  paid  pursuant  to  the  provisions of subdivisions a and b of this section to  pensioners of a pension or retirement system of a paid  fire  department  of  a  city who have retired prior to the calendar year nineteen hundred  seventy. Such supplemental retirement allowance under such  subdivisions  a  and  b  shall be payable on the basis provided for herein, commencing  with a payment for the month of October, nineteen  hundred  sixty-seven,  and   continuing  through  the  month  of  September,  nineteen  hundred  seventy-three, except that in the case of pensioners  of  a  pension  or  retirement  system  of  a  paid  fire  department  of  a  city  having a  population of one million or more, such payments shall continue  monthly  thereafter.    a.   The  supplemental  retirement  allowance  provided  for  in  this  subdivision and in subdivision b of this section shall be  a  percentage  of  the  retirement allowance computed without optional modification and  shall be determined on the basis of the consumer price index (all  items  -- United States city average), published by the United States Bureau of  Labor  Statistics. Said percentage shall be determined in the manner set  forth in this section. Said supplemental retirement allowance  shall  be  computed  on the basis of the first ten thousand five hundred dollars of  such annual retirement allowance and shall be payable commencing October  first, nineteen hundred sixty-seven, to all disability  pensioners,  and  to  other  pensioners  who  have  attained  age  sixty-two  on or before  September thirtieth, nineteen  hundred  sixty-seven  and  commencing  on  April  first, nineteen hundred sixty-eight, to such other pensioners who  shall have attained age sixty-two on or after  October  first,  nineteen  hundred  sixty-seven  and  on  or  before  September thirtieth, nineteen  hundred sixty-eight, and commencing on October first,  nineteen  hundred  sixty-eight,  to  such  other  pensioners  who  shall  have attained age  sixty-two on or after April first, nineteen hundred sixty-eight  and  on  or   before  September  thirtieth,  nineteen  hundred  sixty-eight,  and  commencing on October first, nineteen hundred sixty-nine, to such  other  pensioners  who  shall  have  attained age sixty-two on or after October  first,  nineteen  hundred  sixty-eight  and  on  or   before   September  thirtieth, nineteen hundred sixty-nine, and commencing on October first,  nineteen  hundred  seventy,  to  such  other  pensioners  who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  sixty-nine  and  on  or  before  September  thirtieth,  nineteen hundred  seventy, and commencing on October first, nineteen hundred  seventy-two,  to  such  other  pensioners  who shall have attained age sixty-two on or  after October first, nineteen hundred seventy and on or before September  thirtieth,  nineteen  hundred  seventy-two,  and  to  each  such   other  pensioner of a pension or retirement system of a paid fire department of  a  city  having  a  population  of  one  million  or more who shall have  attained age sixty-two on  or  after  October  first,  nineteen  hundred  seventy-two,  commencing  with  a  payment for the later of the month of  July, nineteen hundred eighty-one or the month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in  which such other  pensioner who shall have attained age  sixty-two  on  or  after  October  first,  nineteen  hundred  seventy-two shall have attained such age, and  continuing thereafter.    b. The percentage  referred  to  in  subdivision  a  hereof  shall  be  determined  from  the ratio of two indexes, in the following manner. The  average of the twelve monthly consumer price  indexes  of  the  calendar  year  nineteen  hundred  sixty-six  or,  for  a  supplemental retirementallowance payable pursuant to this section on or  after  October  first,  nineteen hundred sixty-eight, the average of the twelve monthly consumer  price  indexes of the calendar year nineteen hundred sixty-seven or, for  a  supplemental retirement allowance payable pursuant to this section on  or after October first, nineteen hundred sixty-nine, the average of  the  twelve  monthly  consumer  price  indexes  of the calendar year nineteen  hundred sixty-eight, or, for a supplemental retirement allowance payable  pursuant to this section on or after  October  first,  nineteen  hundred  seventy, the average of the twelve monthly consumer price indexes of the  calendar year nineteen hundred sixty-nine, divided by the average of the  twelve monthly consumer price indexes of the calendar year of retirement  shall  be  the  ratio  of  the  indexes. Said ratio, minus one, shall be  expressed as a percentage and shall be adjusted to the  lower  one-tenth  of  one  per centum. Such adjusted percentage shall be the percentage of  the applicable portion of the  retirement  allowance,  computed  without  optional   modification   which  shall  be  payable  as  a  supplemental  retirement allowance under subdivision a of this section and under  this  subdivision.  However,  no  such  supplement  shall  be  paid where such  percentage is less than three per centum. Such percentage for pensioners  who retired prior to April first, nineteen hundred fifty-eight shall  be  increased  by  one hundred percentum thereof and the adjusted percentage  shall be further adjusted to the lower one-tenth of one percentum.  Such  percentage  shall  be computed by the actuary each year and certified to  the comptroller who  shall,  by  directive,  promulgate  a  schedule  of  percentages to be used for this purpose.    b-1.  (1) In addition to any supplemental retirement allowance payable  in accordance with the provisions  of  subdivisions  a  and  b  of  this  section,  commencing  with  a  payment  for  the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired prior to April  first,  nineteen  hundred  seventy,  an  amount  of  supplemental retirement allowance determined pursuant to the  provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system of such a city who retired prior to April first, nineteen hundred  seventy  other  than  for  disability, commencing with a payment for the  later of the month of July, nineteen hundred eighty-one or the month  of  July  next  following  the  twelve-month period ending June thirtieth in  which such pensioner shall have attained age sixty-two,  and  continuing  monthly  thereafter,  there shall be paid to such pensioner, in addition  to any supplemental retirement allowance payable in accordance with  the  provisions  of  subdivisions  a  and  b  of  this  section, an amount of  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (3)  The  amount  of such additional supplemental retirement allowance  referred to in paragraphs one and two of this subdivision shall equal  a  percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed  without  optional  modification.   Such  percentage  shall  be  determined  by  the date or year of retirement in  accordance with the table set forth below:       Year or date of Retirement               Percentage      April 1, 1969 to      and including March 31, 1970             twenty-one      January 1, 1968 to      and including March 31, 1969             twenty-two      1967                                     twenty-three1966                                     twenty-four      1965                                     twenty-four      1964                                     twenty-five      1963                                     twenty-five      1962                                     twenty-six      1961                                     twenty-six      1960                                     twenty-seven      1959                                     twenty-seven      1958                                     twenty-seven      1957                                     twenty-seven      1956                                     twenty-eight      1955                                     twenty-eight      1954                                     twenty-eight      1953                                     twenty-eight      1952                                     twenty-eight      1951 and earlier                         twenty-nine     b-2.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-one and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired on or after April first, nineteen hundred  seventy  and  before  January  first,  nineteen  hundred seventy-three, a supplemental  retirement allowance determined pursuant to the provisions of  paragraph  three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on  or  after  April  first,  nineteen  hundred   seventy   and   before   January   first,   nineteen   hundred  seventy-three, other than for disability, commencing with a payment  for  the later of the month of July, nineteen hundred eighty-one or the month  of  July next following the twelve-month period ending June thirtieth in  which such pensioner shall have attained age  sixty-two  and  continuing  monthly thereafter, there shall be paid to such pensioner a supplemental  retirement  allowance determined pursuant to the provisions of paragraph  three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the first ten thousand five hundred dollars of the annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the date or year of retirement in accordance  with  the  table set forth below.       Date of Retirement                       Percentage      April 1, 1970 to      and including December 31, 1971          eight      1972 calendar year                       seven     b-3.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-two and continuing monthly  thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more  who  retired   during   the   calendar   year   nineteen   hundred  seventy-three,  a  supplemental retirement allowance determined pursuant  to the provisions of paragraph three of this subdivision.    (2) In the case of each pensioner of  such  a  pension  or  retirement  system  of  such  a  city  who retired during the calendar year nineteen  hundred seventy-three, other than  for  disability,  commencing  with  a  payment  for  the later of the month of July nineteen hundred eighty-twoor the month of July next following the twelve-month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in paragraphs one and two of this subdivision shall equal six per centum  of  the first ten thousand five hundred dollars of the annual retirement  allowance computed without optional modification.    b-4. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-three  and continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-four and before January first, nineteen hundred seventy-seven, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-four   and  before  January  first,  nineteen  hundred  seventy-seven, other than for disability, commencing with a payment  for  the  later  of  the  month of July, nineteen hundred eighty-three or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one and two of this subdivision shall equal a percentage  of the  first  ten  thousand  five  hundred  of  the  annual  retirement  allowance  computed without optional modification. Such percentage shall  be determined by the year of retirement in accordance with the table set  forth below.       Year of Retirement                       Percentage      1974 calendar year                       five      1975 calendar year                       four      1976 calendar year                       three     b-5. (1) Commencing with a payment for the  month  of  July,  nineteen  hundred  eighty-four  and  continuing monthly thereafter, there shall be  paid to each disability pensioner of a pension or retirement system of a  paid fire department of a city having a population  of  one  million  or  more   who   retired   on  or  after  January  first,  nineteen  hundred  seventy-seven and before January first, nineteen hundred seventy-nine, a  supplemental retirement allowance determined pursuant to the  provisions  of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired on or after  January  first,  nineteen  hundred   seventy-seven  and  before  January  first,  nineteen  hundred  seventy-nine, other than for disability, commencing with a  payment  for  the  later  of  the  month  of July, nineteen hundred eighty-four or the  month of  July  next  following  the  twelve-month  period  ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-6.  (1)  Commencing  with  a payment for the month of July, nineteen  hundred eighty-five and continuing monthly thereafter,  there  shall  be  paid to each disability pensioner of a pension or retirement system of a  paid  fire  department  of  a city having a population of one million or  more who retired during the calendar year nineteen hundred seventy-nine,  a  supplemental  retirement  allowance  determined   pursuant   to   the  provisions of paragraph three of this subdivision.    (2)  In  the  case  of  each pensioner of such a pension or retirement  system of such a city who retired  during  the  calendar  year  nineteen  hundred  seventy-nine,  other  than  for  disability,  commencing with a  payment for the later of the month of July, nineteen hundred eighty-five  or the month of July next following the twelve month period ending  June  thirtieth  in which such pensioner shall have attained age sixty-two and  continuing monthly thereafter, there shall be paid to such  pensioner  a  supplemental  retirement allowance determined pursuant to the provisions  of paragraph three of this subdivision.    (3) The amount of such supplemental retirement allowance  referred  to  in  paragraphs  one  and  two  of this subdivision shall equal three per  centum of the first ten thousand five  hundred  dollars  of  the  annual  retirement allowance computed without optional modification.    b-7.  Notwithstanding  any other provision of law to the contrary, the  spouse of a deceased pensioner of a pension or retirement  system  of  a  paid  fire  department  of  a city having a population of one million or  more, where such pensioner had elected one  of  the  options  under  the  administrative  code of such city which provides that benefits are to be  continued for the life of such spouse after the death of the  pensioner,  and  where  the  death  of  such  pensioner occurred or occurs more than  thirty  days  after  the  effective  date  of  the  retirement  of  such  pensioner,   shall   be  entitled  to  receive  a  monthly  supplemental  retirement  allowance  pursuant  to  this  subdivision.   Such   monthly  supplemental  retirement  allowance shall be equal in amount to one-half  of the monthly supplemental retirement  allowance  which  the  pensioner  would  be receiving if living, and shall commence with a payment for the  later of (1) the month of July, nineteen hundred  eighty-three,  or  (2)  the  month  following  the  month  in  which  the death of the pensioner  occurred or occurs, or (3) the first month for which such pensioner,  if  living,  would  be entitled to receive a monthly supplemental retirement  allowance, and such spouse's monthly supplemental  retirement  allowance  shall continue thereafter during the lifetime of such spouse.    c.  The  benefits  hereinabove  provided  for  shall be in lieu of the  benefits presently provided by any other general, special or  local  law  unless such benefits are in excess of those provided by this section, in  which  latter  case such benefits shall be paid by the retirement system  pursuant to this section.    d. Contributions shall be made to such pension accumulation  fund  by,  or  on account of, the municipality at a rate fixed by the actuary or if  there be no actuary then by the  fiscal  officer  of  the  municipality,  which  shall  be  computed  to  be  sufficient  to  provide the benefits  established by this section which are payable during the period of  time  that this section shall be in effect.    e.  The  supplemental retirement allowance shall be rounded off to the  nearest dollar.    * NB There are 2 § 207-i's